Gov & Administrative Law Questions & Answers

Q: Is our court actually considered a tribunal as in Admiralty law. The judge, DA and the prosecutor?

1 Answer | Asked in Admiralty / Maritime, Constitutional Law, Gov & Administrative Law and Military Law for North Carolina on
Answered on Feb 16, 2019
Timur Akpinar's answer
People use the terms loosely, but U.S. Constitution grants U.S. Courts authority to hear admiralty cases in Section 2 of Article III. In terms of maritime prosecutions, it is common for them to sometimes be handled jointly between the U.S. Department of Justice and U.S. Coast Guard, depending on the nature of the crime.

Tim Akpinar

Q: Im italian primary school teacher man wants to marry a morocan girl who is living in morocohow i can bring her here?

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Texas on
Answered on Feb 14, 2019
Deron Edward Smallcomb's answer
Are you talking about bringing her to the United States? Are you a citizen? If so, that very detailed process should be discussed with an experienced immigration attorney.

Q: Looking for guidance and general information on filing tort claims against a federal agency for negligence.

1 Answer | Asked in Gov & Administrative Law and Personal Injury for Texas on
Answered on Feb 10, 2019
Rahlita D. Thornton's answer
There are time limitations for notifying government entities of your claim. Since these facts are not detailed I will offer an example of a time limit...6 months could be your cutoff date to notify them. You may be barred if you wait around for the typical 2 year statute of limitations for accidents. Consult an attorney asap to prevent any complaints that you have from being barred. Good luck.

Q: I was convicted of a crime and feel I've been abused by the system what should I do?

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice for California on
Answered on Feb 8, 2019
Louis George Fazzi's answer
Reach out to the ACLU [https://www.aclu.org/],

or contact the Innocence Project [https://californiainnocenceproject.org/?gclid=CjwKCAiA7vTiBRAqEiwA4NTO619-Cl7XEVBnG1ildi__nhZVMsPTWVi4E3yqcx9_XbJZE06PEobbxoC4JgQAvD_BwE]

You can copy and paste either link in your browser.

Focus on lawyers with criminal defense experience, and if you have family members who can help, ask them to assist you in finding a good lawyer to help you. Some of the biggest law firms in Los Angeles...

Q: Hi. Can j go to india while visa under process in uar

1 Answer | Asked in Immigration Law and Gov & Administrative Law on
Answered on Feb 6, 2019
Osarumwense Iyamu's answer
The facts of your case as stated by you is not clear. If you have an emergency outside the United States and have a visa application pending with the immigration agency, it's in your best interest to schedule a consultation with an Immigration Attorney. The Immigration Attorney will be able to review the details of your case including any documents you may be able to show the attorney, so you are better educated and advised about the implication of such trip. You have to balance the urgency...

Q: What's the easiest way to find EVERYONE charged with a specific crime in the state?

1 Answer | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Maryland on
Answered on Feb 2, 2019
Mark Oakley's answer
This data is gathered for the state. It’s used for all sorts of purposes. Budgets and resource allocation depend on it. Try calling the Administrative Office of the Courts in Annapolis for direction. The Maryland Sentencing Commission uses this info to update the Maryland Sentencing Guidelines. Each county State’s Attorney’s Office (and City of Baltimore) maintains statistical info on all crimes charged and their disposition. The criminal clerk’s offices of the District and Circuit...

Q: So I am 17 with no permit and I got stopped at a parking lot while I was parked and I have a court hearing, pay or jail?

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Gov & Administrative Law for Virginia on
Answered on Jan 30, 2019
Daniel P Leavitt's answer
I don't even know what you're trying to ask. If you were charged with driving without a license you can request a court appointed lawyer at your hearing or hire someone. Usually it helps to get properly licensed. Good luck.

Q: PA-What's the Tax Penalty % for "Early W/Draw" of a Pension Plan? Also with "E W/D" can the IRS claim $ owed 4 yrs prior

1 Answer | Asked in Bankruptcy, Tax Law, Collections and Gov & Administrative Law for Pennsylvania on
Answered on Jan 30, 2019
Timothy Denison's answer
The penalty varies from plan to plan. You can check with the plan administrator to determine exact amount. It is unlikely that the IRS is even aware of the pension plan, do very doubtful that they will be able to seize money.

Q: What options do I have to get The College Board to honor a legal name change for student records?

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
Why not simply provide the colleges to which you are applying a copy of any court order showing your legal name change, which should state the old name and the new name, when providing them a copy of old documents and records? The College Board policy seems reasonable enough so that it does not create a significant burden for them to worry about changing names on records that are older than 4 years. It's a private, non profit organization, and when you take tests through the College Board, you...

Q: I visited my fiance at Muhlenberg Detention Center, I was told my pictures were to racy because my cleavage showed.

1 Answer | Asked in Criminal Law, Business Law, Civil Rights and Gov & Administrative Law for Kentucky on
Answered on Jan 27, 2019
Timothy Denison's answer
Bottom line, visiting an inmate is a privilege, not a right, and corrections has pretty wide latitude in enforcing their rules and regs. There’s no real good end in a case like this, bc there’s no money and no damages. Although you won’t like this answer, safest route is dressing like it church on Sunday so they don’t cut off your visitation on a whim.

Q: Can I go on vacation to the states without parental consent if I’m 18 and on diplomatic status for my dad?

1 Answer | Asked in Gov & Administrative Law and Government Contracts for Washington on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
You may be best served by speaking with an immigration attorney in Canada. In the USA, an 18 year old is considered an adult and is free to travel as such. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice;...

Q: Can a person be banned from a public space by an informal administrative order?

2 Answers | Asked in Civil Litigation, Criminal Law, Gov & Administrative Law and Personal Injury for Colorado on
Answered on Jan 23, 2019
Peter Munsing's answer
Assuming the library owns its building they can decide who to admit. You can contact the Colorado Civil Liberties Union but I don't see that they couldn't, especially if you appeared to violate their rules for conduct or use of materials.

Q: I am a graduate student who is going to school in TN and I am from FL. In what state am I considered a resident of?

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Tennessee on
Answered on Jan 23, 2019
Gary Kollin's answer
You can file a document called a Declaration of Domicile. Check with the county clerk's office

Q: Yes I’m under 21 and I’m a national guardsmen but I would like to buy a pistol in Ga can I do that?

1 Answer | Asked in Criminal Law, Gov & Administrative Law, Military Law and Probate for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
If you cannot lawfully possess the gun in your home state I would not recommend that you do so.

Q: Can a DA have only your witnesses excluded And only keep his witnesses? Isn't a 12 white 1 Hispanic jury bias or racial?

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Answered on Jan 19, 2019
Dale S. Gribow's answer
MUCH MORE INFO IS NEEDED TO ATTEMPT TO ADDRESS YOUR ISSUES.

THE BEST PERSON TO ASK IF YOUR LAWYER WHO HAS ALL THE INFO IN FRONT OF HIM/HER.

Q: Some Federal employees are called to work without pay during the shutdown. Is this a violation of the 13th Amendment?

2 Answers | Asked in Employment Law, Gov & Administrative Law and Constitutional Law for Florida on
Answered on Jan 17, 2019
Charles M. Baron's answer
Good question - it's an issue that should be researched to see if it has ever been raised in any court, and if so, the outcome. My educated guess, though, is that a court would not find it to be a violation of the 13th Amendment because the workers are not working for ZERO wages, they're working for POSTPONED wages. But at SOME point, there would be a good argument that postponement for X period of time, with absolutely no end in sight, is the constitutional equivalent of slavery!

Q: Is the city responsible for property damage caused by limbs falling from the city trees? After a limb falling on my car.

1 Answer | Asked in Agricultural Law, Civil Litigation, Environmental and Gov & Administrative Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
The property owner (be that the city or a private owner) may be liable if the limbs fell due to improper maintenance. You can report this to your car or home insurance for them to pursue against the owner of the property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...

Q: As a Californian, am I prohibited or limited in any way, as an individual, student, or employee from boycotting Israel?

1 Answer | Asked in Employment Law, Civil Rights, Education Law and Gov & Administrative Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
Some companies have their employees (and some colleges might have their students or teachers) sign contractual agreements to not boycott Israel, but those may be able to be challenged as either unconstitutional (if the company is a governmental employer) or as unconscionable or unenforceable under a contractual or statutory basis, depending on the facts. See:...

Q: Appeal was reversed and remanded with Direction, lower court conditionally reversed and remanded. What does this mean?

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
Who's representing you on appeal, the DA's office? If so, they should inform you about the status of your case. If the appeals court reversed and remanded the decision with instructions to the lower court, that means they reversed the lower court's appealed decision, sent the case back to the lower court for a new decision with guiding instructions to the lower court on how they should best proceed to avoid another error in their decision-making process. You may want to hire a private attorney...

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